In 2020, the tragic death of two-year-old Awaab Ishak sent shockwaves through the UK. Awaab died from prolonged exposure to mould in his family’s social housing flat in Rochdale, a preventable death that exposed deep-rooted failures in the way housing providers respond to health hazards. His story sparked national outrage and led to a powerful call for change. That call has now been answered with the introduction of Awaab’s Law.
More than just a new piece of legislation, Awaab’s Law represents a cultural shift in how we think about housing, health, and accountability. It places legal obligations on social landlords to act swiftly when tenants are at risk.
The Road to Reform:
Awaab’s Law is part of the Social Housing (Regulation) Act 2023, which received royal assent following a wave of public and political pressure. The Act was designed to strengthen the regulatory framework for social housing providers and to ensure that tenants’ voices are heard and acted upon.
By June 2025, the government had laid further regulations before Parliament, including the Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025. These provide non-statutory guidance to help landlords understand their new responsibilities and prepare for compliance.
The law is named in memory of Awaab Ishak, serving as a reminder that behind every regulation is a human story, and behind every policy failure, a life that could have been saved.
What’s Changing: Phase 1 of Awaab’s Law
On 25 June 2025, the government published Phase 1 regulations under Awaab’s Law, alongside new rules for electrical safety. These regulations come into force on 27 October 2025 and apply to all registered providers (RPs) of social housing in England, including local authorities, housing associations, and charitable landlords.
Phase 1 focuses on the most urgent and dangerous hazards: damp, mould, and other conditions that pose a serious risk to health. The new rules set out clear timelines and expectations for how landlords must respond:
- Initial Investigation: If a landlord has reason to believe a property is affected by a significant hazard, they must carry out a standard investigation within 10 working days. This must be done by a competent person.
- Follow-Up Action: If the investigation confirms a risk, a renewed investigation must be completed within another 10 working days.
- Tenant Communication: A written summary of the findings must be provided to the tenant within 3 days of the investigation.
- Repairs and Remediation: Necessary repairs must begin within 5 working days or within 12 weeks if immediate action isn’t feasible.
- Alternative Accommodation: If repairs cannot be completed promptly, landlords may be required to offer suitable alternative housing to protect the tenant’s health and safety.
Social tenants now more than ever have the right to pursue legal remedies if their landlord fails to comply, and the Housing Ombudsman has been granted new powers to penalise non-compliant landlords through compensation, redress, or enforcement action.
A New Era of Accountability:
Awaab’s Law marks a significant shift in the balance of power between tenants and landlords. For too long, tenants in social housing have struggled to get urgent issues addressed, often facing delays, dismissals, or outright neglect. This law changes that.
It also places new demands on housing providers. No longer can landlords rely on vague timelines or discretionary responses. They must act quickly when a tenant’s health is at risk.
This shift is already prompting changes across the sector. Housing associations are reviewing their internal processes, investing in training, and preparing to hire specialist teams to manage compliance. Some are even rethinking their approach to estate management and tenant engagement, recognising that proactive communication is now a legal necessity, not just good practice.
The Ripple Effect: What does Awaab’s Law Mean for Developers
The impact of Awaab’s Law doesn’t stop with social landlords. Developers, too, may feel the ripple effects, particularly in the context of new-build social housing.
Traditionally, development agreements and JCT contracts include a “defects liability period”, a window of time after handover during which the developer is responsible for fixing material defects. But these periods often don’t account for health hazards like mould or contamination, nor do they align with the tight timelines now required under Awaab’s Law.
As a result, we may see new contractual obligations emerge, including:
- Hazard Reporting Requirements: Developers may be required to provide detailed documentation on potential hazards at handover.
- Faster Response Times: Contracts may need to reflect the urgency of the new law, with developers expected to respond to issues within days, not weeks.
- Indemnity Clauses: Some housing providers may seek back-to-back indemnities, requiring developers to cover the cost of any remediation carried out under Awaab’s Law, though this is likely to be a point of contention.
These changes may reshape the way development deals are negotiated. In some cases, housing associations may reduce the number of units they acquire or cap service charges to offset any financial burden.
Looking Ahead: What’s Next for Awaab’s Law?
Phase 1 is just the beginning. The government has already signalled that further regulations are on the way. In 2026, the scope of Awaab’s Law will expand to cover additional hazards, including excessive heat, cold, and electrical safety. By 2027, the law is expected to encompass nearly all risks identified under the Housing Health and Safety Rating System, with the exception of overcrowding.
This phased approach allows the sector time to adapt, but it also means that housing providers must stay alert. Compliance isn’t a one-time task; it’s an ongoing responsibility that will evolve year by year.
There are also broader implications to consider. Section 106 agreements, which partially govern the provision of affordable housing in certain new developments, may need to be renegotiated to reflect the new legal landscape. Landlord & tenant law, construction contracts, and dispute resolution frameworks may also need to evolve in response.
A Legacy of Change
Awaab’s Law is more than a legal reform. It affirms that safe, healthy housing is a basic right for all.
If you’re a housing provider, housing association, developer, or local authority preparing for these changes, Herrington Carmichael LLP is here to help. Our experienced legal teams can support you with:
- Commercial & practical legal advice tailored to Awaab’s Law.
- Contract reviews for development agreements and residential tenancy agreements or licences.
- Dispute resolution and tenant & landlord claims management & strategy.
- Further policy development and staff training on legal obligations to meet new statutory duties
Contact Herrington Carmichael today to ensure your organisation is ready, not just to meet the legal requirements, but to lead the way in delivering safe, accountable housing for all.
